N.Y. CPLR § 7556
N.Y. CPLR § 7556 - Demand for Arbitration Minors Consolidation of Proceedings
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7556 Demand for arbitration; minors; consolidation of proceedings.(a) Any person subject to an arbitration agreement may seek § 7556. Demand for arbitration; minors; consolidation of proceedings.(a) Any person subject to an arbitration agreement may seek to compelarbitration, pursuant to section seventy-five hundred three or sectionthirty hundred forty-five of this chapter.(b) Notwithstanding the provisions of section twelve hundred nine ofthis chapter, a minor child and a person judicially determined to beincompetent shall be bound to arbitrate disputes, controversies, orissues upon the execution of an arbitration election on the person'sbehalf by a parent, legal guardian, committee, conservator or otherperson legally authorized to enroll such minor or incompetent person ina health maintenance organization, in accordance with the provisions ofsection forty-five hundred six-a of the public health law.(c) Separate arbitration proceedings brought pursuant to this article,which involve common question of law and fact, shall be consolidatedinto a single arbitration proceeding.(d) Except for arbitrations commenced pursuant to section thirtyhundred forty-five of this chapter, any case involving a person who isnot bound to participate in the arbitration proceeding pursuant tosubdivision (e) of section forty-four hundred six-a of the public healthlaw shall not be subject to the arbitration proceeding, unless suchperson and all parties who are subject to the arbitration consent to thearbitration of the claim. Absent such consent, any party may seek tostay such arbitrations, pursuant to section seventy-five hundred threeof this chapter, notwithstanding any time limits that may otherwiseapply to such a stay, and require the matter to proceed as a civilaction. In the ev nt to section seventy-five hundred threeof this chapter, notwithstanding any time limits that may otherwiseapply to such a stay, and require the matter to proceed as a civilaction. In the event that such an arbitration is stayed, the arbitrationadministrator shall forthwith transfer the case to the clerk of thecourt in the venue designated by the plaintiff, where the case shall beexpeditiously reviewed and assigned in accordance with rules promulgatedby the chief administrator of the courts. If the demand for arbitrationwas made or a notice of intention to arbitrate was served within thelimitations of time specified by article two of this chapter, and thearbitration was subsequently stayed and transferred to a court, theaction shall be deemed to have been timely commenced, in accordance withthe provisions of subdivision (a) of section two hundred five of thischapter.